The Constitutional Court accepted the application of the Defender of Human Rights, which challenges the prohibitions on the basis of certain physical defects and diseases that are obstacles to the appointment of a judge.
The application raises the "List of physical disabilities and diseases preventing appointment to the position of a judge, the form of the certificate on the absence of physical defects and diseases preventing the appointment to the position of a judge, the procedure for providing a certificate on the absence of physical defects and diseases preventing the appointment to the position of a judge" adopted by the Government of the Republic of Armenia on May 30, 2019. on defining and revoking the decision of the Government of the Republic of Armenia No. 1184-N of October 11, 2007" compliance of the 15th and 16th points of the Appendix No. 1 of the decision No. 685-N with the 29th, 49th, Articles 57 and 81.
The government's decision provides for a ban on those who want to be appointed to the position of judge, who have permanent total deafness of both ears or deafness and blindness in both eyes. According to the Human Rights Defender, the contested regulations are problematic from the point of view of ensuring the constitutionally guaranteed principle of non-discrimination and the right to public service. position, the selection and promotion processes of judges should be organized according to merit-based objective criteria relating to qualifications, integrity, competence and efficiency. The obligations stipulated by international legal documents also imply the provision of appropriate policy, legislative and other structures, including reasonable accommodations, in order to freely demonstrate one's professional and other abilities on the basis of merit.
Considering this circumstance, the Defender considers it possible to establish certain grounds that may be a prerequisite for being appointed to the position of a judge, but the regulations preventing the appointment to that position should, among others, also include the prohibition of discrimination and should not provide for limited access to work due to disability with the circumstance of having Such are also the international legal standards related to the issue and the practice of a number of countries.
Thus, the RA Human Rights Defender concluded that the state, constitutionally enshrining the right to enter public service and the principle of non-discrimination, has set before it the duty to provide opportunities for persons with disabilities to enter public service on an equal basis with other citizens.
